Legal Question in Criminal Law in Pennsylvania

Re: illegal searches

From your zip code, it looks like you're dealing with the McKeesport Police, which are not exactly known for exemplary behavior.

Under your fact pattern it is clear that there are numerous constitutional issues under the 4th Amendment and Article I, Section 8 of the PA constitution which are applicable to your situation. The most prominent element of your case is the fact that there does not appear to be any cause to investigate you. Simply because information is received that your man may have been involved does not give the police the right to do anything other than perhaps contact you to ask if you know where he might be. Because he wasn't involved in the shooting and no warrant was issued for his arrest, there is absolutely no reason whatsoever for the police to secure your residence and apply for a search warrant. Remember, they have not yet investigated your man - what the hell are they getting a search warrant for? It would appear that not only is the search illegal, but their entire investigation is flawed, based upon only speculation and conjecture, and is certainly not supported by probable cause unnder the law to any degree.

In any event, our office has handled criminal matters in both state and federal court nationwide for the past 15 years. In fact, we were recently selected as Pennsylvania "Super Lawyers," meaning that we're among the top 5% in the state. Should you wish to discuss your case further, please do not hesitate to contact us for a free, confidential consultation.

Thank you, and take care.

-Marc D. Daffner, Esq.